Justice and liberation Flashcards
What does Justice mean?
Justice means to ensure that people are treated fairly, given equal provision – that the laws are made to protect people’s individual rights and protect the community. To do good and not wrongdoing brings about justice. Justice should be upheld in all circumstances, even if it goes against one’s own self or one’s family or relations.
What does liberation mean?
Liberation means to free people spiritually, to free them from oppression from the Government, from injustice and wrongdoing. People are liberated when justice comes about.
What does Qur’an 4:135 say on justice?
“O ye who believe stand out firmly for justice”
What does the Qur’an state on community?
“let there be one community (ummah) of you, calling to good and commanding right and forbidding wrong; those are the prosperers.”
What does Qur’an 3:104 say?
“And let there be [arising] from you a nation inviting to [all that is good], enjoining what is right and forbidding what is wrong, and those will be the successful.”
What does Qur’an 3:110 say?
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in God.”
What does Muhammad say in the hadith on wrongs?
“Who ever sees a wrong and is able to put it right with his hand, let him do so. If he can’t then with his tongue; if he can’t then in his heart and that is the bare minimum of faith”
Who has to forbid wrong?
- The law and the scholars/jurists
- Forbidding wrong is taken to mean everybody who is a Muslim believer. “And the believers, the men and the women are friends one of the other; they command right and forbid wrong.” Quran 9;71.
- Adult males were separated from children, slaves and women. Ghazali claims that for a boy approaching puberty it is permissible for him to forbid wrong. As for women they are not implicitly included but not explicitly excluded! Often they are included by scholars but with reservations e.g one Sufi master of the C9 claimed that women should forbid wrong with the heart alone.
What did Abu Hanifa write on who should forbid wrong?
“Putting things right with the hand is for the political authorities with the tongue for the scholars and in the heart for the common people“
Is forbidding wrong a community or individual obligation?
In Islam there are individual obligations such as prayer or fasting, while there are duties that are to be taken up by the whole community i.e aggressive holy war. This is a collective obligation (fard kifaya). The standard view is that forbidding wrong and enjoining right is a collective obligation.
However, if a crowd of people come across someone up to wrongdoing then it is generally agreed that if a person from the group forbids the wrong to a sinner then the matter is taken care of and the rest of the crowd are no longer obligated. The Mu’tazalites and after them the Imamis agreed that the purpose of the duty is to get results.
To whom should one forbid wrong?
- Mostly it was agreed that this was done by and to fellow Muslims who were assumed to be adult and sane.
- Al Ghazali in one account does state that the offender may be a boy or a drunk man and both need to be forbidden from wrong doing.
- One should forbid the wrong of parents but not with harshness.
- If the wrong doer is your teacher (scholar) or a ruler then the measures taken are limited.
- Only stray examples occur e.g lay men should not forbid a scholar and no one can forbid a ruler
What wrongs should be forbidden?
- Right includes obligatory and commendable acts and generally wrong includes wrong acts but not those disapproved of. There was discussion about wrong and whether disapproved acts ought to be included.
- In general it’s agreed that past sins cannot be forbidden though can be punished.
- Hanbalites thought that there have to be signs of persistent wrongdoing - once a wrong doing is in the past and the sinner shows no sign of reoffending then that is the end of the matter.
- However, some Mutazalite scholars thought that past sins should be acted upon in order to stop future sins.
- According to Ghazali past sins can only be dealt with by a ruler and present sins by ordinary people. Future sins require preventative measures which are the duty of the ruler.
What is Fard Kifaya?
It means that all of the community should be involved in metering out justice and forbidding wrong. One person can do it on behalf of the whole community. The scholar Amili said 10 men have to forbid the wrong to a wrong doer. If one man steps forward and does this on behalf of the other 9 then the obligation of the community is fulfilled and that is the end of the matter.
How can justice be metered out by the tongue (Ghazali)?
- Correct someone but without humiliation and not publicly
- e.g if a peasant performs prayer incorrectly. If he knows what he is doing is wrong then he should be rebuked with teachings quoted to him and this should be done in a sympathetic way.
- Lastly if a person responds to a polite rebuke with contempt then you can be harsher-“You fool! You ignoramus! Don’t you fear God?”
How can justice be metered out by the hand (Ghazali)?
- Destroying objects e.g musical instrument and removing someone from a place they shouldn’t be.
A- Violence against the offender. Give a warning first. “Stop that or I’ll break your head.” Limit yourself to punching and kicking and then use a stick.
B- Collect a band of armed men - Many other scholars discuss the issue of offending objects. Those mentioned over and over again are music instruments and alcohol. Alcohol should be thrown away. Sometimes it can be spoilt by putting it in salt (Hanbalites) or dung. Musical instruments to be destroyed. For added effect they could break the instrument over the offender’s head!
How can justice be metered out by the heart (Ghazali)?
This can be mental disapproval or mental disapproval shown through a frown or ostracising someone.
How did Sufis believe justice should be metered out?
- It should not involve any sense of self conceit when one forbids wrong to another.
- Al Ghazzali suggests to imagine that you correcting someone’s faults - imagine if you would prefer it to be you or someone else - if the answer is someone else then you are free from self conceit.
- Nuri - one day sitting beside the river he saw a boat carrying alcohol. He smashes all the bottles except the last one because he realises he is acting out of self conceit so he stops. It’s better to correct your own faults than those of others.
What does Jihad mean?
To struggle
What is Greater Jihad?
- It means to enjoin good and avoid evil; within oneself. Introduced by Averroes, famous Sunni scholar from Spain. He spoke of the greater jihad of the heart, to struggle against the temptations of the devil.
- It is the personal struggle of every Muslim to follow Allah’s teachings
- It means to live a perfect life and this can be a struggle. As Sarwar says “ A Muslim learns to control his own bad desires and actions.”
- They must be aware of Huquq - fulfilling the rights of God
- It could also include trying to learn the Qur’an, trying to forgive people, as well as trying not to have feelings of anger or ill will. They must follow the Shari’a and lead a life that is pleasing to Allah so that they are prepared for Judgement and the Last day.
Why is greater jihad important?
· The Sufis wanted to fight against selfishness. Sufis wanted to develop their inner relationship with God and wanted to develop modesty, compassion and from this freedom. They fight against selfishness, hypocrisy and self pity.
· No Muslim should be a hypocrite and the Qur’an teaches “ Why do you say that which you do not? Grievously odious it is in the sight of God that you say that which you do not”
What is lesser jihad?
Vardy - it is the struggle to remove evil from society.
What is social jihad?
The struggle to remove evil from society e.g Ali Shariati, Wadud, Barlas
What is political jihad?
To remove an evil authority e.g. Arab Springs uprising 2010 - civilian protests against corruption and dictatorships in North Africa/Middle East
What is violent lesser jihad?
The struggle in warfare, using violence through holy war. During the time of the prophet and the followig decades, it was permitted -
- in self defence
- to protect Muslims from oppression
- if their freedom to practise faith was threatened
When did Muhammad carry out violent lesser jihad?
When he went to war against the Meccans. Muhammad was seen to be defending the faith and fighting against the corruption of the Meccan tribes.
How does the Qur’an support jihad war when it is a last resort?
The Prophet said “Help your brother whether he is the oppressor or the oppressed. “ When they ask him how they could help one who is an oppressor, he said “Restrain him from it.”
How does the Qur’an support jihad war when Muslims are not allowed to practice religion freely?
“If people declare war against you, you may fight back because you have been wronged by them…The only reason this has happened to you is because you have publicly stated your belief in Allah.” 22.39
How does the Qur’an support jihad war when the community is suffering under a tyrant?
“If two parties among the believers fall into a quarrel, make peace between them: But if one of them goes too far against the other, Then all of you must fight against the one that goes too far…” Surah 49 v 9
How does the Qur’an support jihad war when it has been declared by an accepted authoritative religious leader?
“And hold Fast all together by the rope Which Allah stretches out. And be not divided among yourselves.” Surah 3.103
How does the Qur’an support jihad war when every effort is made to protect civilian life and animals?
“ do not be harsh on them; do not kill children, old men or women: do not cut down or burn palm trees.do not destroy fruit trees, do not slay a sheep or camel except for food. If you see people who have taken refuge in their monasteries , let them be safe in their place of refuge.”
How does the Qur’an support jihad war when it is in self defence/ defence of the Muslim community? (x2)
“Fight in the way of God those who fight you but do not begin hostilities. God does not like the aggressor.” (2: 190)
“Permission to fight has been given only to those who are oppressed…who have been driven from their homes for saying God is our Lord.” 22;39
What are the three categories of criminal law in Islam?
- Hadd/hudud - if these rules are broken there are set penalties. They are considered Crimes against God whose punishment is fixed in the Qur’an and the Hadith.
- Ta’zir - these are crimes not among the hadd and the punishment is discretionary and left up to the judge
- Qisas - retribution
What courts are there in Islam?
There is no court except for Hadd crimes. Otherwise the individuals involved go to an Islamic judge who deals with the dispute and decides the outcome based on fiqh.
